Re: Insurance issues with roccos(LONG)

[Shawn Rader <s_t_rader@excite.com>]

The first thing your friend needs to do is call some of the local local law
firms listed in the yellow pages.  There are many firms that offer free
legal advise over the phone and do not charge until after you have received
a settlement.  Although I doubt any firms would take a case for $3200, your
friend may be able to file for more because the driver was acting
wrecklessly.  I have gotten some very helpful legal advise over the phone
free of charge in the past. The next thing he should do is to go to the
county courthouse ASAP and file a claim against the the driver (not the
insurance company) of the car for $3200.  $3200 may qualify as a small claim
in your area which would make things much easier.  Have the claim served to
him by a county sheriff (should only cost around $30). Forget about dealing
with his insurance, if he wants to get the money from them that is *his*
problem.  Do not under any circumstances accept a check from the insurance
company unless it is of reasonable amount to cover the damages. If the case
goes to trial your friend needs to get as much documentation as possible
supporting the value of the car and the cost of repair.  This should include
book values (available in abundance over the internet), advertisements, and
multiple body shop estimates along with before and after photos of the car. 
Your sister should also testify as a witness.

-Shawn Rader
'81 S

On Tue, 19 Dec 2000 09:56:11 -0500, Jason Arms wrote:

>  List,
>  
>  Here is the story.. my friend has an '87 16v rocco that he has been
trying 
>  to sell for a while now.. The car is from florida and has not been
through a 
>  vermont winter yet.  He has decided to get away from vw's and jump into
some 
>  4x4's... (im shure John can appreciate that ;)..)  Anyway, he drove the
car 
>  to this guys house so he could look it over.. The guy took it for a test 
>  drive with Justin in the passenger seat, and my sister in the back seat..
He 
>  had  a long driveway, and decided to show off his driving skills to my
sis 
>  and Justin.  The guy, who happened to be a 40 year old doctor, said, and
i 
>  quote..."there is no speed limit in my driveway" as he spead up to 30mph 
>  down an icy hill.  He came to the bottom of the hill where the driveway 
>  split to go around a CANYON!  Hit the brakes and when flying off the
canyon. 
>    The car landed on the front rollpan and spoiler, and the rear rollpan
and 
>  spoiler.. the wheels never touched the ground.  Therefore it tweaked the 
>  whole car, the hood wont open, the doors are a little tight etc.. basicly

>  the nose of the car is pushed up and to the right a little.
>  Now here is the really shitty part!  The test drivers insurance company
has 
>  totaled the car.  He was asking $3200 for it because of the nice
condition 
>  it WAS in.  The guy testdriving it wouldnt have been testdriving it
unless 
>  he was prepared to pay at least close to what he was asking for the car. 

>  This guys insurance company is trying to cut Justin a check for $1900 for

>  the car, and is also subtractin the other guys deductable of $1000 from
the 
>  check too.  So Justin was asking $3200 for the car.. some shithead 
>  testwrecks it, and now he gets $900 for the car that was otherwise
mint????? 
>    WTF is up with that shit?
>  Anybody know how to approach this?  No matter what, he will be buying the

>  car back from the insurance company, and will either part it out, or sell
it 
>  as a whole, but he still would like to get what he was asking for the
car.  
>  Should he sue the testwrecker?  Or if he needs to battle with the
insurance 
>  company, how should he go about it?  Thanks for all the help guies and
gals. 
>    If you wanna see pics of the car go to my web page at:  
>  http://www.crosswinds.net/~xscirocco16vx/index.htm  or you can go
dirrectly 
>  to the part of the page that has the pics of the car at: 
>  http://www.geocities.com/xscirocco16vx/Index.html.  Thanks again
>  
>  
>  Jason Arms (Essex, VT)
>  





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